Legal Opinion
Chaning v. Riddle Aviation Co.
City of New York Municipal Court
Decided March 2, 1953PublishedCited by 7 opinions
1Opinion of the CourtAlter, J.
This is an action brought by the plaintiff against the defendant to recover the sum of $375.88 as damages for breach of contract to deliver merchandise C.O.D. and to collect cash in the sum of $375.88.
The answer consisted of a general denial and a separate and distinct defense alleging custom and usage and ratification and waiver.
The conceded facts are these: Plaintiff in New York delivered to defendant, in New York, which is a common carrier, three cartons of piece goods to be delivered to a buyer in Florida; the merchandise was shipped C.O.D., and the amount to be collected was $375.88. The…
2Cases cited5 opinions
- Clark v. . WestNew York Court of Appeals · 1908
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
- Rathbun v. . Citizens' Steamboat Co.New York Court of Appeals · 1879
- King v. . MacKellarNew York Court of Appeals · 1888
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
3Cited by7 opinions
- Computel, Inc., a Florida Corp. v. Emery Air Freight Corp.Court of Appeals for the Eleventh Circuit · 1990
- Karat Gold Imports, Inc. v. United Parcel Service, Inc.Ohio Court of Appeals · 1989
- National Van Lines, Inc. v. Rich Plan CorporationCourt of Appeals for the Fifth Circuit · 1967
- American Machinery & Motor Co. v. United Parcel ServiceCivil Court of the City of New York · 1976
- American Airlines, Inc. v. Aircraft Parts Corp.Appellate Division of the Supreme Court of the State of New York · 1976
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